Tuesday, January 17, 2006

Don't mistake this post for optimism

Look, I'm not minimizing the serious damage that Samuel Alito will do when he takes O'Connor's place, but it is worth noting that with Alito on the court, this 6-3 ruling would simply have been 5-4, meaning it wouldn't have been decided differently. A voting block of Alito, Roberts, Scalia and Thomas still isn't (quite) a critical mass of conservative wingnuttery. For the foreseeable future, most of the Court's big decisions will be in Kennedy's hands.

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